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11-24-2011, 05:15 AM
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#1
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Valued Poster
Join Date: Mar 27, 2011
Location: Rochester, ny
Posts: 204
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Canada
I have asked other people a couple of times and I don't get it. Can someone explain the deal with Canada and prostitution? It is not illegal to pay for sex but it is illegal for a prostitute to seek customers through advertising or talking to people about their rates or activities? Is that roughly how it works? Does that mean that if I were to mosey over to Niagara Falls to visit one of the fine ladies from the site it would be the lady taking all the risk? Is there a risk to the 'johns' since the only crime is the advertising and not the purchasing of time for sex? How is a small business woman suppose to build her business if she can't advertise? How badly am I misunderstanding the situation?
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11-24-2011, 05:21 AM
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#2
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Valued Poster
Join Date: Dec 26, 2009
Location: Rochester, NY
Posts: 1,189
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I'm no lawyer, but my understanding is that prostitution is legal, solicitation is illegal.
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11-24-2011, 05:38 AM
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#3
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Valued Poster
Join Date: Feb 23, 2010
Location: Somewhere in time
Posts: 1,563
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There is no general crime of prostitution in Canada. However, many of the activities that are usually associated with prostitution are classified as criminal offences.
For starters, buying sex from or communicating about buying sex with someone under the age of eighteen years is an indictable criminal offence that carries with it a minimum six-month jail term.
While it is not a crime in general to arrange to buy sex or communicate for that purpose, if this is done or attempted in a public place (eg. on the streets) it is considered a criminal offence. This is classified as a summary conviction offence.
Engaging in sexual acts in a public place is also a criminal offence that falls under the ‘indecent act’ provisions of the Criminal Code. Even if you are engaging in sexual activity in the ‘privacy’ of your car, you could be charged with this offence.
Obviously, the activity of prostitution has to take place somewhere. Again, the exchange of sex for consideration is not criminal, per se. However, if the activity occurs in a place which is used regularly or habitually for the purposes of prostitution, then it is considered a “common bawdy-house”. The Criminal Code makes it an offence to run a common bawdy-house, to work in one, to allow one to be operated over a place or premise which you have control, or to be found in one without a lawful excuse. It’s even an offence to offer to take someone to a bawdy-house!
There are also criminal offences that deal with the other ‘business aspects’ of prostitution as well. The activity of pimping is characterized as ‘living on the avails of prostitution’ and is a criminal offence that carries a jail term of up to fourteen years in certain circumstances. Other ‘procuring’ provisions also make it criminal to induce, persuade, or force someone into prostitution both in and out of Canada.
It’s true that prostitution itself is not outright banned in Canada as a crime. However, there are a mine field of criminal laws that capture the many activities that often go hand-in-hand with it.
Prostitution has always been legal in Canada, but its limited by the 1850 bawdy house restriction and you can't publicly solicit on a busy street or public area.
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11-24-2011, 09:22 AM
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#4
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Valued Poster
Join Date: Mar 27, 2011
Location: Rochester, ny
Posts: 204
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Thanks Bi, I think that is as clear an answer as possible on a very confusing situation. Basically does that mean street walkers, engaging a street walker, brothels and pimping are illegal but other than that anything goes. An independent escort who gets their customers via internet and uses a regular hotel room is all legal. It still sounds to me like except for cruising on street corners for a companion there is little or no risk to the 'john'. Is that correct?
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11-24-2011, 09:26 AM
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#5
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Valued Poster
Join Date: Dec 26, 2009
Location: Coaching The Track Team
Posts: 9,256
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Simple version:
She comes to your room - legal
You go to her room - illegal
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11-24-2011, 10:05 AM
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#6
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Premium Access
Join Date: Jan 3, 2010
Location: Upstate between ROC & BUF
Posts: 813
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Well spoken
Jokacz is 100% though some have incall
check out gterb to get a better idea
Mr.Bill
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11-24-2011, 10:10 AM
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#7
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Valued Poster
Join Date: Dec 31, 2009
Location: Buffalo, NY
Posts: 268
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Solicitation in a "public place" is illegal. This, in Canada, means without a roof over you head. They also have the "Bawdy House Act". It is illegal for them to charge at the door for sexual favors. In private it's OK
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